Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-05
APPLICATIONS yoR PATENT.

APPLICATION YoR PArxsr,
Where papers have once been fled With the
Register and Receiver they become Q part Of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
ersl Land once.
An application viii be rejected when the
scription Of the premises Is erroneous or
SUFFICIENT.
Application for patent will be rejected be-
cause:
First The notice was published utthou. the
knowledge Of the Register.
second-Ihe notice was not published in 9
new paper designated A. published nearest the
claim.
Third-Record title was found defective,
md
Fourth-A previous application had been
made for the same premises, which was with
drawn pending 3 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately denne the
boundaries OF the claim.
Where the claim was not located in accord
ancs with Law.
Where several parties own separate and dis
tfnct portions Of . claim, appllcstion for
patent may be made by either for tn 1t portion
Of the claim owned by him: but where several
parties own undivided interests In . mining
claim all should join In an application for q
patent.
A person or association may purchase a.
many placer locations IS the local Law admits.
and embrace them sl In one application for .
patent.
Two or more lodes cannot be embraced in
claims embracing two or more loaes within
their boundaries
Papers sworn to before any person purport-
ing TO act a. Q deputy for the Register and Re
ceiver cannot be recorded IS evidences.
In all patents for mining claims situated
within the interior boundaries OF 9 town site
. clause lie inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging 10 the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made u only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
spa 60 dsys must elspse between the
frat and last insertions.
Where the Register designates thedsily issue
Of Q newspaper fer publication Of notices of q
mining application for patent 1t lie not q com
pliance With Law 70 change 10 the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence OF a salt spring on Q tract OF
land withdrAws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land IL not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADyERsE CLAIMS.
Adverse claimants must hle Q separate and
distinct claim against each application which
1T Is alleged conflicts with the premises owned
By such adverse Claimant.
TIL papers IN IN adverse claim, once hled
cannot be Withdrawn, but becomes 9 part Of the
record.
when an adverse claim has been fled IT can.
not be amended SO ss TO embrace 9 larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local Office
during the period Of publication OF the appif-
cation for the patent to be effective.
1t is the duty Of the adverse claimant o
suit in proper form within the re-
quired time, and IL he trusts she uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure 10 commence snit be the result of
the corrupt or dish onest act on Of his attorney.
the Interior Department csnnot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases HIS adverse
claim. A statement in general terms, embody.
ing conclusions of law. without stating the
facts specially. will not be considered IN evi.
dence.
M 1aNtftt tA1AA1aEt HAOuAh tuOH y COMPILE
ance with the local laws In recording his claim
and in regard TO expenditures. aud shall nle 9
copy OF the original notice Of hts location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
are not required 70 prove that they are the
original ~locstors or the identical psstes who
present the adverse claim.
~RIcuLrU on MINERAL LANDS.
Where land is Of little. II any value, for sgri.
cultural purposes. but fs essential to the
proper development Of mining claims. A
should be disposed OF under the Mining Act,
Where lands contsining yalusbls mineral
deposits have been included In an agricultural
entry. said entry will be cancelled NJ any time
prior to issuance of patent. Upon satisfactory
evidence Of the existence of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract after the Same las been
entered as agricultural. but before I dent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled b.
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALnss.
a foreigner may make q mining location
dispose OF 1t. provided he becomes : cittzan
before disposing OF the mine. Proof that the
party was not . citizen before disposing Of hts
claim must be afirmstiyeiy shown.
Locators and intermediate oguers. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection urior
10 issuance Of patent.
The portion Of a mining claim soid 10 an
alien cannot be patented while such owner ~
an alien: but on his declArations o become a
citizen his right dates back TO his purchsss
aud he may thereupon secure United States
patent for his claim.
oRoss LEDGKs,
Revised Statutes. Section a.336.
Where two or more lodges cross or interaect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contsined within the space Of inter.
section, but the subsequent location shall have
the rishs OF way through the space OF inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location .halI
take the vein below the point of union. In.
Gliding all the space OF Intersection.
ruSSxLs.
There 10 no authority Of law for Q tunnel